ATTACHMENTS TO REPORTS Section 96(2) Application to Modify ...€¦ · 10.1 Section 96(2)...

Attachments to Item 10.1 - Page | 1

ATTACHMENTS TO REPORTS –

Item 10.1 – Section 96(2) Application to Modify Development Consent No 15/0634 for

Temporary Events and Functions, Wombat Hollow, 300 Kirkland Road, East Kangaloon

ORDINARY COUNCIL MEETING

Wednesday 23 November 2016

COPIES CIRCULATED SEPARATELY HEREWITH

Distribution:

Mayor Clr K J Halstead

Clr G J Andrews

Clr T D Gair

Clr G McLaughlin

Clr G Markwart

Clr P W Nelson

Clr I M Scandrett

Clr G M Turland

Clr L A C Whipper

General Manager

Deputy General Manager Corporate, Strategy & Development Services

Deputy General Manager Operations, Finance & Risk

Group Manager Corporate & Community

Group Manager Planning, Development & Regulatory Services

Chief Financial Officer

Administration Officer (for Archives)

ATTACHMENTS TO REPORTS Wednesday 23 November 2016


Attachments to Reports Item

10.1 Section 96(2) Application to Modify Development Consent No 15/0634 being for Temporary Events and Functions, Wombat Hollow, 300 Kirkland Road, East Kangaloon

ATTACHMENT 1 Planning Report to Council dated 25 November 2015 ............................................................... 4

ATTACHMENT 2 Existing Development Consent ...................................... 15

ATTACHMENT 3 Draft Modified Consent .................................................. 26



ATTACHMENTS TO REPORT

Item 10.1

Section 96(2) Application to Modify Development Consent No 15/0634 being for Temporary Events and Functions, Wombat Hollow, 300 Kirkland Road, East Kangaloon

Attachment 1 Planning Report to Council dated 25 November 2015

Attachment 2 Existing Development Consent

Attachment 3 Draft Modified Consent



ATTACHMENT 1 Planning Report to Council dated 25 November 2015


ATTACHMENT 1











































ATTACHMENT 2 Existing Development Consent


ATTACHMENT 2 – EXISTING CONSENT CONDITIONS

GENERAL – DEVELOPMENT CONSENT CONDITIONS

ADMINISTRATION AND COMPLIANCE 1. Temporary Use of Land

Approval is granted for one (1) calendar year commencing from the issue date appearing upon this consent notice for a Temporary Use Land, to be carried out strictly in accordance with the provisions of Clause 2.8(2) of the WLEP2010 to permit the conduct of functions and events for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months. Compliance

2. Compliance

Development is to be consistent with the approved plans and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council's consent.

3. Responsibility for Works

The Council will hold the Developer (Applicant/Owner), to whom the development approval was issued, solely responsible for constructing the required development works to Council's satisfaction and maintaining them during any specified period.

4. Developers Representative during Construction of Works

A minimum of 48 hours prior to commencement of any construction works on site the Developer must nominate to Council in writing their representative (Construction Supervisor) who will be responsible for all aspects of construction and site control, including Traffic Control, Sediment and Erosion Control and liaison with Council Officers and all other Authorities. Details to be submitted include:-

Name of Representative:

Company :

Position:

Contact Ph:

Contact Fax:

After Hours Contact:

Signature of Representative:

Signature & Acceptance of representative by the Developer:

Council requires that the nominated " Construction Supervisor" either hold qualifications acceptable for Corporate Membership of the Institute of Engineers, Australia, or be Approved by the Director and/or has proven experience and





suitable relevant qualifications for the control, supervision and management of civil engineering works as required for carrying land development.

Prior to commencing any works on site the representative shall:-

Inform Council in writing of their intention 7 days before entering the site.

Submit to Council a proposed Schedule of Works.

The Developer may be required to arrange for Council to peruse all other contract documentation PRIOR TO THE CONTRACTOR ARRIVING ON SITE TO COMMENCE WORK (Schedule of Works, Specifications, Bill of Quantities, Traffic Control Plan and Soil and Water Management Plan). Failure to comply with the requirements as set out above will result in an immediate stop work order.

5. Hours of Road Construction Works

In order to minimise impacts upon the locality road construction activities must be limited to between 7.00am - 5.00pm Monday to Saturdays and no work on Sundays and public holidays. Any variation of these hours will only occur with Council's consent.

6. Workers Compensation & Public Liability

It is the Developer's responsibility to ensure that Contractors engaged to carry out works indicated on the approved plans carries current Workers Compensation Insurance and hold Public Liability Insurance for $20,000,000 cover.

7. Occupation Certificate

Prior to Occupation Certificate being issued, an inspection by the Principal Certifying Authority must be undertaken to ensure that all conditions of this development consent have been complied with. Protection of Council Assets

8. Developer Must Advise of Damage to Property

The Developer must advise Council of any damage to property controlled by Council which adjoins the site including the road reserves and the like, prior to commencement of any work on the site. Failure to identify existing damage will result in all damage detected after completion of the building work being repaired at the Developer's expense.





9. NSW Rural Fire Service

Asset Protection Zones

The intent of measures is to provide for sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

(i) At the issue of development consent and for the duration of the use of site for functions, the land surrounding the existing shed to be used as a place of refuge, to a distance of 70 metres or to the property boundary, whichever is closer, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

(ii) Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

The water source shall be made available or located within the inner protection area (IPA) and away from the structure.

A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

A 65mm metal Storz outlet with a gate or ball valve shall be provided. Polycarbonate/plastic tanks shall be shielded from the impact of

radiant heat and direct flame contact. All associated fittings to the tank shall be non-combustible. Pumps are to be shielded from the direct impacts of bush fire. A minimum 5hp or 3kW petrol or diesel powered pump shall be made

available to the water supply. A 19mm (internal diameter) fire hose and reel shall be connected to the pump.

An ‘SWS’ marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

a) Markers must be fixed in a suitable location so as to be highly visible; and

b) Markers should be positioned adjacent to the most appropriate access for the static water supply.





(iii) In recognition that no reticulated water supply exists, a 20,000 litre water supply shall be provided for fire fighting purposes in the function/event area.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

(iv) Internal roads shall comply with following requirements of section 4.1.3 and 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

Internal roads are two wheel drive, all weather roads A minimum carriageway width of four metres There will be a passing bay every 200 metres that is 20 metres long

by two metres wide, making a minimum trafficable width of six metres at the passing bay

Dead end roads incorporate a minimum 12 metres outer radius turning circle, and are clearly signposted as a dead end

Traffic management devices are constructed to facilitate access by emergency services vehicles

A minimum vertical clearance of 4 metres to any overhanging obstructions including tree branches is provided

Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress

The minimum distance between inner and outer curves is six metres. Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress

Maximum grades do not exceed 15 degrees and average grades are not more than 10 degrees

Crossfall of the pavement is not more than 10 degrees Roads do not traverse through a wetland or other land potentially

subject to periodic inundation (other than flood or storm surge) Roads are clearly signposted and bridges have a capacity to carry

fullyloaded fire fighting vehicles (15 tonnes)

Evacuation and Emergency Management

The intention of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

(v) Arrangements for emergency and evacuation are to comply with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

An Emergency/Evacuation Plan is to be prepared detailing the following:





a) under what circumstances will the complex be evacuated

b) where will occupants be evacuated to

c) roles and responsibilities of persons co-ordinating the evacuation

d) roles and responsibilities of persons remaining with the complex after evacuation; and

e) a procedure to contact the NSW Rural Fire Service District Office/NSW Fire Brigade and inform them of the evacuation and where they will be evacuated to.

(vi) At least one building shall be used as a local refuge area and comply with the asset protection zones and construction requirements for residential buildings.

(vii) A mechanism for the cancellation of all functions or events on days of a total fire ban, adverse fire activity, extreme or catastrophic fire weather days is to be provided.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

(viii) The shed to be used as a place of refuge shall be upgraded to comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

ENVIRONMENTAL MANAGEMENT Sediment and Erosion Control

10. Erosion Control

To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:- (a) Removal and/or disturbance of vegetation shall be confined to within two

metres of the site of required works. (b) Topsoil stripped from the construction site shall be stockpiled and protected

from erosion until re-use during landscaping. Soil is to be retained within the property.

(c) Stockpiles of construction and landscaping materials, and of site debris shall

be located clear of drainage lines and in such a position that they are protected from erosion and do not encroach upon any footpath, nature strip or roadway.





(f) Vehicular access shall be controlled so as to prevent tracking of sediment onto adjoining roadways, particularly during wet weather or when the site is muddy. Where sediment is deposited on adjoining roadways the same shall be removed by means other than washing. All material is to be removed as soon as possible and the collected material is to be disposed of in a manner which will prevent its mobilisation.

(g) All disturbed areas shall be progressively stabilised and/or revegetated so

that no areas remain exposed to potential erosion damage for more than 14 days or such other period as may be approved after earthworks cease. All driveways and parking areas shall be stabilised with compacted sub-grade as soon as possible after their formation.

CIVIL ENGINEERING WORKS AND SERVICES

11. Provision of Works and Services

The provision, by the Developer, at their expense, of the following works and services to be documented and constructed in accordance with Council's Engineering Policies, to the satisfaction of the Development Control Engineer. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE the Developer must obtain approval for the works to be undertaken by submitting adequate documentation including plans, standard notes and completed design checklists, calculations and specifications, to Council which justify that the proposed works are in accordance with all Council’s standards and all other relevant Codes and guidelines. (a) Access

(i) Accessway and Parking

(a) Existing Accessway shall be upgraded with passing bays to

accommodate the additional traffic volumes. Locations of required bays are to be determined to the satisfaction of the Development Engineer.

(b) Proposed car parking area is to be maintained with all-weather

surface of a suitable “soft” appearance to complement existing landscape scheme of the site.

(ii) Reconstruction of Rural Crossing

Existing rural vehicular crossing shall be reconstructed in accordance with Standard Drawing Nos SD110 and SD 123.

(iii) Approval Required for Work within Road Reserve - Section 138 Roads Act 1993 Where works are proposed within the road reserve, the Developer must obtain approval from Council (as the Roads Authority and / or as required under Section 138 of the Roads Act 1993) before any works are undertaken. Works within the road reserve may include activities





such as erect a structure, dig up or disturb the surface of a public road, remove or interfere with a structure, or any other activities as defined within the Roads Act 1993. The following details must be submitted to Council in order to obtain the Section 138 approval:

A copy of approved design plans related to the development and proposed works to be undertaken.

Traffic Control Plan (TCP) to provide protection for those within and adjacent to the work site, including the travelling and pedestrian public. The TCP must comply with the Roads and Traffic Authority’s manual ‘”Traffic Control at Work Sites”. Warning and protective devices shall comply with the provisions of AS1742.3 - 2002 Traffic Control Devices for Works on Roads. The plan must be prepared and certified by a person holding the appropriate Roads and Traffic Authority accreditation, a copy of which is to be submitted with the plan.

Insurance details - Public Liability Insurance to an amount of $20 million, to be held by applicant / contractor undertaking the works.

General

12. Certification of Internal Civil Works

On completion of works and prior to occupation, certification from a practising appropriately qualified Engineer shall be submitted to Council detailing that all internal civil works (ie, internal driveways, paths and stormwater drainage systems including any onsite detentions) are in accordance with the approved plans and specifications.

13. Disabled Persons Access and Facilities

(a) Detailed working drawings for the fitout to the disabled persons facilities shall

be submitted with the construction certificate application. (Details shall be in accordance with AS 1428.1 Design for Access and Mobility).

(b) At least one (1) Car Parking space/s for use by disabled persons shall be

provided. These spaces shall be clearly identified by sign posting complying with AS1428.1, and comply with AS2980.1.

(c) No work is to commence on disabled persons access routes until details of

the routes are submitted to and approved by the Principal Certifying Authority. The details shall include a site plan clearly identifying the proposed route for access by disabled persons. It is noted that access from the allotment boundary, carpark and any other building on the allotment which access for people with disabilities is required, to the entrance of the subject building. Access shall be in accordance with AS 1428.1 Design for Access and Mobility.





(d) Access for people with disabilities must be provided to and within buildings as set out in Table D3.2 of the Building Code of Australia by means of a continuous path of travel in accordance with AS1428.1:- (i) from the allotment boundary at the main points of entry; and (ii) from any carparking space on the allotment (whether within or outside

the building) provided in accordance with D3.5; and

(iii) from any adjacent and associated accessible building on the allotment; and

(iv) through the principal public entrance.

(e) Sanitary facilities must be provided in accordance with Table F2,4 of the Building Code of Australia for:- (i) every Class 3, 5, 6, 7, 8 and 9 building that is required by the deemed

to satisfy provisions of Part D3 to be accessible to people with disabilities and may be calculated as part of the number of facilities required by Table F2.3; and

(ii) a Class 10a building to which the public will have access and which

contains sanitary facilities, showers or handbasins etc. (iii) The construction and layout of all facilities provided in accordance with

Table F2.4 must comply with AS1428.1. (iv) A unisex facility must be located so that it can be entered without

crossing an area reserved for one sex only.

(f) Identification of Accessible Facilities, Services and Features

In every building required to be accessible, clear and legible Braille and tactile signage complying with Specification D3.6 and incorporating the international symbol of access or deafness or other symbol as appropriate in accordance with AS1428.1 must identify all items as specified in Clause D3.6 of the Building Code of Australia.

(g) Hearing Augmentation (a) Where an inbuilt amplification system, other than one used for

emergency warning purposes only, is installed, a hearing augmentation system complying with AS1428.1 must be provided in the locations specified in Clause D3.7 of the Building Code of Australia.

(b) In a Class 9b building, any screen or scoreboard capable of displaying

public announcements, must be capable of supplementing any public address system, other than a public address system used for emergency warning purposes only.





(h) Tactile Indicators (a) For a building required to be accessible, tactile ground surface

indicators must be provided to warn people with a vision impairment that they are approaching any area as specified in Clause D3.8 of the Building Code of Australia.

(b) Tactile ground surface indicators required by (a) must by Type B

indicators in accordance with AS1428.4. (c) A hostel for the aged, nursing home for the aged or a residential aged

care building, need not comply with (a) (I) of D3.8 of the Building Code of Australia if handrails incorporating a raised dome button in accordance with AS1428.1 are provided to warn people with impaired vision that they are approaching a stairway or ramp.

(i) Braille Signage

In every building required to be accessible, clear and legible Braille and tactile signage complying with Specification D3.6 of the Building Code of Australia and incorporating the international symbol of access or deafness or other symbol as appropriate, in accordance with AS 1428.1 must identify: (a) each -

(i) sanitary facility; and (ii) assessable space with a hearing augmentation system; and

(b) where an entrance or lift is not accessible, identify each accessible -

(i) entrance; and (ii) lift or bank of lifts; and

the path of travel from the principal public entrance to these features and facilities where their location is not apparent to the building occupant (see Building Code of Australia Specification D3.6 Braille and Tactile Signs).

(j) Disabled Sanitary Facility The sanitary facility shall be constructed in accordance with the requirements of AS1428.1 Design for Access and Mobility General Requirements for Access.

Advisory Note (i) The Applicants/property owner should note that the Commonwealth

Disability Discrimination Act 1992 provides opportunity for public complaint potentially leading to legal action if access to premises by people with disabilities or their carers is precluded. This may require action to provide or improve access in addition to the minimum





requirements of the Building Code of Australia, particularly if such work would not cause “unjustifiable hardship” for the proprietors or owners.

(ii) The Human Rights and Equal Opportunity Commission can provide further information on this issue).

14. Disabled Carparking

Carparking spaces shall be provided at the rate of not less than one disabled carparking space for each 100/50 spaces or part thereof in a carpark required to be accessible, and a carparking area on the same allotment as a building required to be accessible. The spaces are not required to be signposted where there is a total of not more than 5 carparking spaces, so as to restrict the use of the carparking space only for people with disabilities. The spaces shall comply with the requirements for parking in the current version of AS 2890.1 for people with disabilities.

15. Effluent Disposal

The following are the requirements of WaterNSW with regard to Sydney Drinking Water Catchment SEPP (2011):

General

(i) The marquee shall only be used for externally catered weddings and functions for a maximum of 52 days in the next twelve months, or lower intensity and shorter period as determined by council.

Reason for Condition (i) - Water NSW has based its assessment under the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 on this version of the development.

Wastewater Management

(ii) Portable toilet amenities shall be provided for all wedding and function events. The number and type shall be hired for the event in accordance with the supplier’s recommendation and as specified in http://www.events.nsw.gov.au/event-starter-guide/9-health/9-4-toilet-facilities/.

(iii) No wastewater generated from the rinsing of crockery, cutlery and glassware shall be disposed of on the open grassed area.

Reason for Conditions (ii) to (iii) - To ensure that appropriate wastewater management systems are installed and managed so as to have an overall and sustainable neutral or beneficial effect on water quality over the longer term.

http://www.events.nsw.gov.au/event-starter-guide/9-health/9-4-toilet-facilities/





Other

(iv) All rubbish and waste associated with the temporary event shall be sorted, collected in bins and removed from the site after the event, and deposited in a licensed waste facility.

(v) The access driveway from Kirkland Road, and the temporary car park in the dressage arena shall be maintained and any concentrated flow shall be diverted to undisturbed grassed or forest areas.

(vi) In the event of significant wet weather and saturated ground conditions that adversely affect parking and vehicle movement on the site, appropriate controls shall be put in place to prevent erosion and potential water pollution.

Reason for Conditions (iv) to (vi) – To ensure that the holding of the event will not adversely affect water quality and to ensure a sustainable neutral or beneficial effect on water quality.

Endorsement of Date of Consent: 25 November 2015



ATTACHMENT 3 Draft Modified Consent


ATTACHMENT 3 – DRAFT MODIFIED CONSENT GENERAL – DEVELOPMENT CONSENT CONDITIONS

ADMINISTRATION AND COMPLIANCE

1. Temporary Use of Land (Condition Modified 23/11/16)

Approval is granted for two (2) calendar years commencing from the issue date appearing upon this consent notice for a Temporary Use Land, to be carried out strictly in accordance with the provisions of Clause 2.8(2) of the WLEP2010 to permit the conduct of functions and events for a maximum period of 60 days (whether or not consecutive days) in any period of 12 months.

1A. Plan of Management (Condition Added 23/11/16)

The temporary events/functions are to be managed in accordance with the ‘Plan of Management’ to be submitted to Council for approval that addresses noise control and parking. The Plan of Management is to specify which day of the week or consecutive days are to be used for the temporary use. The “Plan of Management” is to be submitted to Council at least two (2) weeks prior to the first event/function being held (following 25 November, 2016).

1B. Noise Levels (Condition Added 23/11/16)

The noise generated by the development is to be controlled such that:-

(a) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the hours of 7.00am and 12.00 midnight when assessed at the boundary of any affected residence.

(b) The LA10 noise level emitted from the use must not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the boundary of any affected residence.

(c) Notwithstanding compliance with (a) and (b) above, the noise from the use must not be audible within any habitable room in any residential property between the hours of 12.00 midnight and 7.00am.

(d) The use of the premise must be controlled so that any emitted noise is at a level so as not to create an “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any affected receiver.





1C. Noise Monitoring (Condition Added 23/11/16)

Acoustic monitoring during the first five (5) functions held at the premises must be undertaken by an appropriately qualified acoustic consultant at the applicant’s expense. The monitoring is to be conducted in accordance with the following:

(a) The acoustic consultant must:

(i) measure and verify that the noise emanating from the premises complies with the noise criteria in the “Noise Levels” condition; and

(ii) if necessary, make recommendations to ensure that the noise emanating from the premises complies with the noise criteria in “Noise Levels” condition.

(b) The noise measurements must be submitted to Council within 7 days of the testing.

(c) If the acoustic consultant recommends that additional treatment or works be undertaken under condition (a)(ii) above, those recommendations must be:

(i) submitted to Council with the noise measurements as required in (b) above; and

(ii) implemented to the acoustic consultant’s and the Council’s satisfaction within one (1) month from the date of acoustical consultant’s report.

(d) If the acoustic consultant’s recommendations are not implemented in accordance with this condition, the premises must not be used for holding functions/events until such time as the recommendations are implemented and verified.

1D. Operational Review Report (Condition Added 23/11/16)

The applicant is to provide a report to Council, within one month after the last event held, that addresses:

• The effectiveness of the implementation of the Plan of Management; • Any complaints received and how they were responded to; • Changes required (if any) to the Plan of Management and Risk

Management Plan and Noise Conditions if the events were to be held for a further period after the 12 months expires.

• Any traffic and parking issues experienced.





1E. Maximum Number of Patrons/Visitors (Condition Added 23/11/16)

In accordance with the Bushfire Protection Assessment prepared by SOWDES dated 21 August, 2015, and with the intention of maintaining residential amenity due to noise there is to be no more than 100 visitors to the site at any given time. Compliance

2. Compliance

Development is to be consistent with the approved plans and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council's consent.

3. Responsibility for Works

The Council will hold the Developer (Applicant/Owner), to whom the development approval was issued, solely responsible for constructing the required development works to Council's satisfaction and maintaining them during any specified period.

4. Developers Representative during Construction of Works

A minimum of 48 hours prior to commencement of any construction works on site the Developer must nominate to Council in writing their representative (Construction Supervisor) who will be responsible for all aspects of construction and site control, including Traffic Control, Sediment and Erosion Control and liaison with Council Officers and all other Authorities. Details to be submitted include:-

Name of Representative:

Company :

Position:

Contact Ph:

Contact Fax:

After Hours Contact:

Signature of Representative:

Signature & Acceptance of representative by the Developer:

Council requires that the nominated " Construction Supervisor" either hold qualifications acceptable for Corporate Membership of the Institute of Engineers, Australia, or be Approved by the Director and/or has proven experience and suitable relevant qualifications for the control, supervision and management of civil engineering works as required for carrying land development.

Prior to commencing any works on site the representative shall:-

Inform Council in writing of their intention 7 days before entering the site.

Submit to Council a proposed Schedule of Works.





The Developer may be required to arrange for Council to peruse all other contract documentation PRIOR TO THE CONTRACTOR ARRIVING ON SITE TO COMMENCE WORK (Schedule of Works, Specifications, Bill of Quantities, Traffic Control Plan and Soil and Water Management Plan). Failure to comply with the requirements as set out above will result in an immediate stop work order.

5. Hours of Road Construction Works

In order to minimise impacts upon the locality road construction activities must be limited to between 7.00am - 5.00pm Monday to Saturdays and no work on Sundays and public holidays. Any variation of these hours will only occur with Council's consent.

6. Workers Compensation & Public Liability

It is the Developer's responsibility to ensure that Contractors engaged to carry out works indicated on the approved plans carries current Workers Compensation Insurance and hold Public Liability Insurance for $20,000,000 cover.

7. Occupation Certificate

Prior to Occupation Certificate being issued, an inspection by the Principal Certifying Authority must be undertaken to ensure that all conditions of this development consent have been complied with. Protection of Council Assets

8. Developer Must Advise of Damage to Property

The Developer must advise Council of any damage to property controlled by Council which adjoins the site including the road reserves and the like, prior to commencement of any work on the site. Failure to identify existing damage will result in all damage detected after completion of the building work being repaired at the Developer's expense.

9. NSW Rural Fire Service

Asset Protection Zones

The intent of measures is to provide for sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

(i) At the issue of development consent and for the duration of the use of site for functions, the land surrounding the existing shed to be used as a place of refuge, to a distance of 70 metres or to the property boundary, whichever is closer, shall be maintained as an inner protection area (IPA) as outlined





within section 4.1.3 and Appendix 5 of ‘Planning for Bush Fire Protection 2006’ and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

(ii) Water, electricity and gas are to comply with sections 4.1.3 and 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

The water source shall be made available or located within the inner protection area (IPA) and away from the structure.

A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

A 65mm metal Storz outlet with a gate or ball valve shall be provided. Polycarbonate/plastic tanks shall be shielded from the impact of

radiant heat and direct flame contact. All associated fittings to the tank shall be non-combustible. Pumps are to be shielded from the direct impacts of bush fire. A minimum 5hp or 3kW petrol or diesel powered pump shall be made

available to the water supply. A 19mm (internal diameter) fire hose and reel shall be connected to the pump.

An ‘SWS’ marker shall be obtained from the local NSW Rural Fire Service and positioned for ease of identification by brigade personnel and other users of the SWS. In this regard:

a). Markers must be fixed in a suitable location so as to be highly visible; and

b). Markers should be positioned adjacent to the most appropriate access for the static water supply.

(iii) In recognition that no reticulated water supply exists, a 20,000 litre water supply shall be provided for fire fighting purposes in the function/event area.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

(iv) Internal roads shall comply with following requirements of section 4.1.3 and 4.2.7 of ‘Planning for Bush Fire Protection 2006’.





Internal roads are two wheel drive, all weather roads A minimum carriageway width of four metres There will be a passing bay every 200 metres that is 20 metres long

by two metres wide, making a minimum trafficable width of six metres at the passing bay

Dead end roads incorporate a minimum 12 metres outer radius turning circle, and are clearly signposted as a dead end

Traffic management devices are constructed to facilitate access by emergency services vehicles

A minimum vertical clearance of 4 metres to any overhanging obstructions including tree branches is provided

Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress

The minimum distance between inner and outer curves is six metres. Curves have a minimum inner radius of 6 metres and are minimal in number to allow for rapid access and egress

Maximum grades do not exceed 15 degrees and average grades are not more than 10 degrees

Crossfall of the pavement is not more than 10 degrees Roads do not traverse through a wetland or other land potentially

subject to periodic inundation (other than flood or storm surge) Roads are clearly signposted and bridges have a capacity to carry

fullyloaded fire fighting vehicles (15 tonnes)

Evacuation and Emergency Management

The intention of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply:

(v) Arrangements for emergency and evacuation are to comply with section 4.2.7 of ‘Planning for Bush Fire Protection 2006’.

An Emergency/Evacuation Plan is to be prepared detailing the following:

a) under what circumstances will the complex be evacuated

b) where will occupants be evacuated to

c) roles and responsibilities of persons co-ordinating the evacuation

d) roles and responsibilities of persons remaining with the complex after evacuation; and

e) a procedure to contact the NSW Rural Fire Service District Office/NSW Fire Brigade and inform them of the evacuation and where they will be evacuated to.

(vi) At least one building shall be used as a local refuge area and comply with the asset protection zones and construction requirements for residential buildings.





(vii) A mechanism for the cancellation of all functions or events on days of a total fire ban, adverse fire activity, extreme or catastrophic fire weather days is to be provided.

Design and Construction

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack. To achieve this, the following conditions shall apply:

(viii) The shed to be used as a place of refuge shall be upgraded to comply with Sections 3 and 5 (BAL 12.5) Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ and section A3.7 Addendum Appendix 3 of ‘Planning for Bush Fire Protection 2006’.

ENVIRONMENTAL MANAGEMENT Sediment and Erosion Control

10. Erosion Control

To minimise soil erosion and sediment movement during construction, the following measures shall be implemented:- (a) Removal and/or disturbance of vegetation shall be confined to within two

metres of the site of required works. (b) Topsoil stripped from the construction site shall be stockpiled and protected

from erosion until re-use during landscaping. Soil is to be retained within the property.

(c) Stockpiles of construction and landscaping materials, and of site debris shall

be located clear of drainage lines and in such a position that they are protected from erosion and do not encroach upon any footpath, nature strip or roadway.

(f) Vehicular access shall be controlled so as to prevent tracking of sediment

onto adjoining roadways, particularly during wet weather or when the site is muddy. Where sediment is deposited on adjoining roadways the same shall be removed by means other than washing. All material is to be removed as soon as possible and the collected material is to be disposed of in a manner which will prevent its mobilisation.

(g) All disturbed areas shall be progressively stabilised and/or revegetated so

that no areas remain exposed to potential erosion damage for more than 14 days or such other period as may be approved after earthworks cease. All driveways and parking areas shall be stabilised with compacted sub-grade as soon as possible after their formation.





CIVIL ENGINEERING WORKS AND SERVICES

11. Provision of Works and Services

The provision, by the Developer, at their expense, of the following works and services to be documented and constructed in accordance with Council's Engineering Policies, to the satisfaction of the Development Control Engineer. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE the Developer must obtain approval for the works to be undertaken by submitting adequate documentation including plans, standard notes and completed design checklists, calculations and specifications, to Council which justify that the proposed works are in accordance with all Council’s standards and all other relevant Codes and guidelines. (a) Access

(i) Accessway and Parking

(a) Existing Accessway shall be upgraded with passing bays to

accommodate the additional traffic volumes. Locations of required bays are to be determined to the satisfaction of the Development Engineer.

(b) Proposed car parking area is to be maintained with all-weather

surface of a suitable “soft” appearance to complement existing landscape scheme of the site.

(iii) Reconstruction of Rural Crossing

Existing rural vehicular crossing shall be reconstructed in accordance with Standard Drawing Nos SD110 and SD 123.

(iii) Approval Required for Work within Road Reserve - Section 138 Roads Act 1993 Where works are proposed within the road reserve, the Developer must obtain approval from Council (as the Roads Authority and / or as required under Section 138 of the Roads Act 1993) before any works are undertaken. Works within the road reserve may include activities such as erect a structure, dig up or disturb the surface of a public road, remove or interfere with a structure, or any other activities as defined within the Roads Act 1993. The following details must be submitted to Council in order to obtain the Section 138 approval:

A copy of approved design plans related to the development and proposed works to be undertaken.

Traffic Control Plan (TCP) to provide protection for those within and adjacent to the work site, including the travelling and





pedestrian public. The TCP must comply with the Roads and Traffic Authority’s manual ‘”Traffic Control at Work Sites”. Warning and protective devices shall comply with the provisions of AS1742.3 - 2002 Traffic Control Devices for Works on Roads. The plan must be prepared and certified by a person holding the appropriate Roads and Traffic Authority accreditation, a copy of which is to be submitted with the plan.

Insurance details - Public Liability Insurance to an amount of $20 million, to be held by applicant / contractor undertaking the works.

General

12. Certification of Internal Civil Works

On completion of works and prior to occupation, certification from a practising appropriately qualified Engineer shall be submitted to Council detailing that all internal civil works (ie, internal driveways, paths and stormwater drainage systems including any onsite detentions) are in accordance with the approved plans and specifications.

13. Disabled Persons Access and Facilities

(a) Detailed working drawings for the fitout to the disabled persons facilities shall

be submitted with the construction certificate application. (Details shall be in accordance with AS 1428.1 Design for Access and Mobility).

(b) At least one (1) Car Parking space/s for use by disabled persons shall be

provided. These spaces shall be clearly identified by sign posting complying with AS1428.1, and comply with AS2980.1.

(c) No work is to commence on disabled persons access routes until details of

the routes are submitted to and approved by the Principal Certifying Authority. The details shall include a site plan clearly identifying the proposed route for access by disabled persons. It is noted that access from the allotment boundary, carpark and any other building on the allotment which access for people with disabilities is required, to the entrance of the subject building. Access shall be in accordance with AS 1428.1 Design for Access and Mobility.

(d) Access for people with disabilities must be provided to and within buildings as

set out in Table D3.2 of the Building Code of Australia by means of a continuous path of travel in accordance with AS1428.1:- (i) from the allotment boundary at the main points of entry; and (ii) from any carparking space on the allotment (whether within or outside

the building) provided in accordance with D3.5; and

(iii) from any adjacent and associated accessible building on the allotment; and





(iv) through the principal public entrance.

(e) Sanitary facilities must be provided in accordance with Table F2,4 of the Building Code of Australia for:- (i) every Class 3, 5, 6, 7, 8 and 9 building that is required by the deemed

to satisfy provisions of Part D3 to be accessible to people with disabilities and may be calculated as part of the number of facilities required by Table F2.3; and

(ii) a Class 10a building to which the public will have access and which

contains sanitary facilities, showers or handbasins etc. (iii) The construction and layout of all facilities provided in accordance with

Table F2.4 must comply with AS1428.1. (iv) A unisex facility must be located so that it can be entered without

crossing an area reserved for one sex only.

(f) Identification of Accessible Facilities, Services and Features

In every building required to be accessible, clear and legible Braille and tactile signage complying with Specification D3.6 and incorporating the international symbol of access or deafness or other symbol as appropriate in accordance with AS1428.1 must identify all items as specified in Clause D3.6 of the Building Code of Australia.

(g) Hearing Augmentation (a) Where an inbuilt amplification system, other than one used for

emergency warning purposes only, is installed, a hearing augmentation system complying with AS1428.1 must be provided in the locations specified in Clause D3.7 of the Building Code of Australia.

(b) In a Class 9b building, any screen or scoreboard capable of displaying

public announcements, must be capable of supplementing any public address system, other than a public address system used for emergency warning purposes only.

(h) Tactile Indicators

(a) For a building required to be accessible, tactile ground surface

indicators must be provided to warn people with a vision impairment that they are approaching any area as specified in Clause D3.8 of the Building Code of Australia.

(b) Tactile ground surface indicators required by (a) must by Type B

indicators in accordance with AS1428.4.





(c) A hostel for the aged, nursing home for the aged or a residential aged care building, need not comply with (a) (I) of D3.8 of the Building Code of Australia if handrails incorporating a raised dome button in accordance with AS1428.1 are provided to warn people with impaired vision that they are approaching a stairway or ramp.

(i) Braille Signage

In every building required to be accessible, clear and legible Braille and tactile signage complying with Specification D3.6 of the Building Code of Australia and incorporating the international symbol of access or deafness or other symbol as appropriate, in accordance with AS 1428.1 must identify: (a) each -

(i) sanitary facility; and (ii) assessable space with a hearing augmentation system; and

(b) where an entrance or lift is not accessible, identify each accessible -

(i) entrance; and (ii) lift or bank of lifts; and

the path of travel from the principal public entrance to these features and facilities where their location is not apparent to the building occupant (see Building Code of Australia Specification D3.6 Braille and Tactile Signs).

(j) Disabled Sanitary Facility The sanitary facility shall be constructed in accordance with the requirements of AS1428.1 Design for Access and Mobility General Requirements for Access.

Advisory Note (i) The Applicants/property owner should note that the Commonwealth

Disability Discrimination Act 1992 provides opportunity for public complaint potentially leading to legal action if access to premises by people with disabilities or their carers is precluded. This may require action to provide or improve access in addition to the minimum requirements of the Building Code of Australia, particularly if such work would not cause “unjustifiable hardship” for the proprietors or owners.

(ii) The Human Rights and Equal Opportunity Commission can provide further information on this issue).





14. Disabled Carparking

Carparking spaces shall be provided at the rate of not less than one disabled carparking space for each 100/50 spaces or part thereof in a carpark required to be accessible, and a carparking area on the same allotment as a building required to be accessible. The spaces are not required to be signposted where there is a total of not more than 5 carparking spaces, so as to restrict the use of the carparking space only for people with disabilities. The spaces shall comply with the requirements for parking in the current version of AS 2890.1 for people with disabilities.

15. Effluent Disposal (Condition Modified 23/11/16)

The following are the requirements of WaterNSW with regard to Sydney Drinking Water Catchment SEPP (2011):

General

(i) The marquee shall only be used for externally catered weddings and functions for a maximum of 52 days within any twelve month period, or lower intensity and shorter period as determined by council.

Reason for Condition (i) - Water NSW has based its assessment under the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 on this version of the development.

Wastewater Management

(ii) Portable toilet amenities shall be provided for all wedding and function events. The number and type shall be hired for the event in accordance with the supplier’s recommendation and as specified in http://www.events.nsw.gov.au/event-starter-guide/9-health/9-4-toilet-facilities/.

(iii) No wastewater generated from the rinsing of crockery, cutlery and glassware shall be disposed of on the open grassed area.

Reason for Conditions (ii) to (iii) - To ensure that appropriate wastewater management systems are installed and managed so as to have an overall and sustainable neutral or beneficial effect on water quality over the longer term.

Other

(iv) All rubbish and waste associated with the temporary event shall be sorted, collected in bins and removed from the site after the event, and deposited in a licensed waste facility.

(v) The access driveway from Kirkland Road, and the temporary car park in the dressage arena shall be maintained and any concentrated flow shall be diverted to undisturbed grassed or forest areas.

http://www.events.nsw.gov.au/event-starter-guide/9-health/9-4-toilet-facilities/





(vi) In the event of significant wet weather and saturated ground conditions that adversely affect parking and vehicle movement on the site, appropriate controls shall be put in place to prevent erosion and potential water pollution.

Reason for Conditions (iv) to (vi) – To ensure that the holding of the event will not adversely affect water quality and to ensure a sustainable neutral or beneficial effect on water quality.

Endorsement of Date of Consent: 25 November 2015

ERROR! NO DOCUMENT VARIABLE SUPPLIED. FOR THE ORDINARY MEETING OF COUNCIL

Wednesday 23 November 2016



Page | 39

Date post:	28-Sep-2020
Category:	Documents
Upload:	others
View:	4 times
Download:	0 times

ATTACHMENTS TO REPORTS Section 96(2) Application to Modify ...€¦ · 10.1 Section 96(2)...

Documents